Before Dissolution Flashcards
What temporary relief is available pending a divorce decree?
- temporary parenting plan
- property allocation
- child support order
- restraining order
What standard governs the terms of a temporary parenting plan?
the best interests of the child
What are the five main provisions of a temporary parenting plan?
(1) designation of primary residential parent (this is not “custodial” parent)
(2) residential schedule for both parents’ contact with the child
(3) allocation of decision-making authority
(4) transportation arrangements of children between parents
(5) restrictions on contact (if any)
How to most state courts determine child support?
By reference to tables based on each parent’s income
What is the remedy if one parent is voluntarily unemployed for the purpose of avoiding child support?
Income may be imputed to that parent.
Who enforces child support orders?
State Child Welfare agencies
How is responsibility for day care and other child-related expenses determined?
They are usually paid proportionately to parents’ income.
What are temporary restraining orders intended to prevent pending divorce proceedings?
(1) disposal or concealment of property
(2) interference with the peace of the opposing party or a child
(3) entry into either party’s family home
(4) removing a child from the court’s jurisdiction
What are emergency protection orders available for?
to protect abused spouses and/or children who have been physically harmed or threatened
What showing is required to obtain an emergency protection order?
a high showing of potential domestic violence (physical harm, threats, stalking, fear of imminent harm)
What is the difference between a legal separation and dissolution of the marriage?
In a legal separation:
(1) the status of the parties is still “married” and they cannot remarry
(2) if the parties reconcile, they need only dismiss their case and need not remarry
(3) there is no waiting period after filing - typically 30-90 days for a divorce
What is the jurisdictional requirement to obtain a “declaration regarding validity” of a marriage?
At least one party must be a resident of the court’s state.
If either or both parties files for a “declaration regarding validity” what are the grounds for invalidating the marriage?
(1) Duress
(2) Already married
(3) Fraudulent inducement to marry
(4) Too closely related
(5) Lack of capacity
(6) Underage
(7) Void out of state marriage
When is a marriage declared void on the basis of fraudulent inducement to marry?
misrepresentations involving essential intentions
- promise to have children
- promise to convert to a spouse’s religion
- concealment of a serious physical or mental injury
When must a party file for a declaration regarding validity of a marriage?
No limitations; either party may file for a declaration regarding validity at any time.
